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Supreme Court of India 2019-04-30 partly_allowed

NAZIR MALITA vs THE STATE OF WEST BENGAL

Bench: 2 — R. Banumathi, S. Abdul Nazeer

In Brief

Nazir Malita and co-accused were convicted of attacking and killing Morshed Malita with sharp-edged weapons (fala and ramda) following a land dispute. The Supreme Court held that the absence of premeditation meant conviction under Section 304 Part II IPC (culpable homicide not amounting to murder) was proper, not Part I. The Court modified the sentence from 14 years to 10 years imprisonment. All sentences run concurrently. The appeal was partly allowed, with clarification that the trial and high courts failed to specify under which Part of Section 304 the conviction should be maintained.

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